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2010 MarsdenLR 308

COURT OF APPEAL PUTRAJAYA
SEMENDA SDN BHD & ANOR – Appellant
Versus
CD ANUGERAH SDN BHD & ANOR – Respondent


Petitioner Advocates:Manian Raju ,Respondent Advocate: CK Yeoh

Sulong Matjeraie JCA:

[1] This is the judgment of the court.

Preamble

[2] At all material times in the land transaction relevant to this case, the 1st appellant was represented by the 2nd appellant, Messrs Saprudin & Co. whereas CD Anugerah Sdn. Bhd. was represented by Messrs Abu Talib Shahrom & Zahari. It should also be noted here that a default judgment had been obtained by the appellants against CD Anugerah Sdn. Bhd.

Brief Facts

[3] By virtue of a Power of Attorney granted by the 1st appellant to Dandarawi Sdn Bhd (81234-K), a company incorporated in Malaysia and having its place of Business at No. 63, 1st Floor, Jalan Tuanku Antah, 70100 Seremban, Negeri Sembilan Darul Khusus ('Attorney'), the Attorney entered into a Sale & Purchase Agreement dated 28 May 1997 ('the Agreement') with CD Anugerah Sdn. Bhd. (274292-V) a company incorporated in Malaysia and having its place of Business at 21B, Jalan SS 6/12, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan for the sale of a piece of land under H.S.(D). 72032, PT No. 13278 in the Mukim of &angan, District of Seremban, Negeri Sembilan Darul Khusus ('the said land') for a consideration of RM600,000.

[4] A sum equivalent to ten percent

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